Chapter 7
A search is a meaningful interference with a person's right to possess property.
False
No-knock searches always violate the Fourth Amendment.
False
Once given, consent to search cannot be withdrawn.
False
The right to privacy is not a constitutional right.
False
When serving a warrant, officers must always knock and announce their presence.
False
Some state statutes permit no-knock warrants.
True
Some types of searches do not need a warrant.
True
The Chimel rule holds that a warrant-less search incident to arrest is valid if limited to the area of immediate control, meaning the area from which the person might be able to obtain a weapon or destroy evidence.
True
The distinction between a search and a seizure can be summarized as follows: Search is looking, whereas seizure is taking.
True
The general rule is that searches and seizures can be made only with a warrant.
True
Which of the following is not an exception to the warrant requirements? a. search of a home b. search incident to a lawful arrest c. exigent circumstance d. consent
a. search of a home
The common factor in all special needs searches is that they: a. involve highly regulated businesses or industry b. are not initiated by the police c. are based on good faith behavior by the police d. are based on probable cause
b. are not initiated by the police
If a suspect is lawfully arrested in an automobile, the police may search: a. only the area inside the vehicle that was in the immediate control of the arrestee b. the entire passenger compartment but may not open any containers therein c. the entire passenger compartment and open any containers there in d. the entire vehicle, including the trunk
c. the entire passenger compartment and any containers therein
Which of the following is mere evidence? a. drugs and illegal weapons b. burglary and safe-cracking tools c. stolen goods and forged checks d. blood stained clothing and shoes
d. blood stained clothing and shoes
A search is limited to homes, offices, buildings, or other enclosed places.
False
A search warrant is issued by a magistrate on the basis of a ______ signed and prepared by a sworn officer. a. sworn affidavit b. statement of reasonable suspicion c. writ d. complaint
a. sworn affidavit
Searches and seizures of things are governed by the: a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment
a. Fourth Amendment
Under the Fourth Amendment, a seizure is: a. a meaningful interference with a possessory interest in property b. the same as a search c. an intrusion into an area where a person has a reasonable expectation of privacy d. an interference with a reasonable expectation of possession
a. a meaningful interference with a possessory intrest in property
Which of the following is not a heavily or closely regulated business for the Fourth Amendment purposes? a. a supermarket b. a liquor store c. an automobile junkyard d. a strip mine
a. a supermarket
Police officers may search computers without a warrant in which of the following situations? a. if they have a valid consent b. if they are off duty c. if they want to d. all of these
a. if they have a valid consent
The term contraband generally means: a. items which are illegal for anyone to possess b. fruits of crime c. instruments of crime d. evidence
a. items which are illegal for anyone to possess
In general, searches and seizures of computers have _____ legal requirements as any other type of seizures. a. more b. less c. the same d. considerably greater
c. the same
There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police: a. have a warrant b. have a reasonable suspicion c. have properly trained the dog d. are legally at the location
d. are legally at the location
Searches and seizures by private citizens acting solely on their own: a. require at least reasonable suspicion b. require at least probable cause c. are covered by the Fifth Amendment d. are not covered by the Fourth Amendment
d. are not covered by the Fourth Amendment
Which of the following is not a recognized exception to the search warrant requirement? a. exigent circumstance b. administrative search c. search incident to lawful arrest d. crime scene
d. crime scene
Which of the following is not a special needs search? a. public school students b. probationers and parolees c. airport security d. exigent circumstances
d. exigent circumstances
There is no need for a search warrant or for probable cause to conduct dog sniffs.
True
Exigent circumstances constitute an exception to the warrant requirement.
True
Hot pursuit or fresh pursuit is an exception to the warrant requirement.
True
Reasonableness governs the scope of a search
True
There is no constitutional requirement that a warrant application must be in writing.
True
A prescription search warrant is a warrant obtained based on probable cause and on an expectation that seizable items will be found at a certain place at a certain time.
False
A search of a person's body after an arrest is valid; body cavity searches need no further justification.
False
A search warrant is directed to a law enforcement officer and must state the grounds for issuance and the name of the suspects.
False
A search by an off-duty peace officer is still considered to be a search by a government official.
True
Under the exception for a search incident to a lawful arrest, officers may search: a. the area in which the suspect could reach to obtain a weapon or destroy evidence b. the entire building in which the arrest is made c. any person in the area of the arrest d. the area and any person in the area in which the suspect could reach to obtain a weapon or destroy evidence.
a. the area in which the suspect could reach to obtain a weapon or destroy evidence
A police officer who wanted to obtain a warrant immediately to search a location, on the expectation that contraband will arrive there later, would seek a/an _____ search warrant. a. prospective b. anticipatory c. future d. contingent
b. anticipatory
Under the Fourth Amendment, a search is a/an: a. interference with a pecuniary interest in property b. intrusion into an area where a person has a reasonable expectation of privacy c. entry into a public area d. interference with a reasonable expectation of possession
b. intrusion into an area where a person has a reasonable expectation of privacy
Warrentless searches with consent are valid, but the consent must be which of the following? a. intelligent b. voluntary c. knowing d. coerced
b. voluntary
If an officer encourages a private citizen to search his neighbor's house for a stolen television, the Fourth Amendment's protection from unreasonable searches and seizures: a. does not apply to this situation b. applies only if evidence of crime is found c. applies to this stiuation d. does not apply if there was probable cause
c. applies to this situation
Which of the following may be searched after a valid arrest? a. the body of the arrested person b. the area of the arrested person's immediate control c. both their body and the immediate area d. neither of those
c. both their body and the immediate area
Under the Fourth Amendment, consent to search: a. must be knowing to be vaild b. must be preceded by Miranda warnings c. can be revoked by the person giving consent d. can be implied from silence when asked
c. can be revoked by the person giving consent
One way in which search warrants are different from arrest warrants is that search warrants: a. do not have to be based on probable cause b. can only be approved by judges of courts of record c. can expire d. can be based on stale information
c. can expire
Search warrants: a. do not expire b. must signed by a police officer c. must be executed or served in a reasonable fashion d. can be used for fishing expeditions
c. must be executed or served in a reasonable fashion
The general rule is that searches and seizures can be made: a. without a warrant b. without probable cause c. only with a warrant d. without a warrant as long as there is probable cause
c. only with a warrant